1997 Rules on Civil Procedure Rule 48

2001 Edition <draft copy. pls. check for errors> Preliminary Conference

Rule 48
PRELIMINARY CONFERENCE
Preliminary Conference is like a pre-trial in the CA. Iba lang ang tawag but it is really a pre-trial
because there are cases which fall under the original jurisdiction of the CA, like annulment of judgment
of the RTC. Its purpose is the same as in Rule 18 on pre-trial.

Section 1. Preliminary conference. At any time during the pendency of a

case, the court may call the parties and their counsel to a preliminary
conference:
(a) To consider the possibility of an amicable settlement, except when the
case is not allowed by law to be compromised;
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary
exhibits, limit the number of witnesses to be presented in cases falling within
the original jurisdiction of the court, or those within its appellate
jurisdiction where a motion for new trial is granted on the ground of newly
discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt
disposition of the case. (n)

Sec. 2. Record of the conference. The proceedings at such conference shall

be recorded and, upon the conclusion thereof, a resolution shall be issued
embodying all the actions taken therein, the stipulations and admissions made,
and the issues defined. (n)

Sec. 3. Binding effect of the results of the conference. Subject to such

modifications which may be made to prevent manifest injustice, the resolution
in the preceding section shall control the subsequent proceedings in the case
unless, within five (5) days from notice thereof, any party shall
satisfactorily show valid cause why the same should not be followed. (n)

-oOo-

Lakas Atenista 115

Ateneo de Davao University College of Law